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Author: Anthony Dworkin
Publisher:
ISBN: 9781910118153
Category : Atrocities
Languages : en
Pages : 49
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Book Description
"Kenya's President Uhuru Kenyatta has become the first serving head of state to come before the International Criminal Court (ICC) where he faces charges of crimes against humanity. The case in The Hague--which faces possible collapse amid claims the Kenyan government is withholding evidence--could test the limits of international justice. Meanwhile atrocities apparently committed in Syria by the Assad regime and rebel groups including Islamic State seem beyond the reach of the ICC after Russia and China vetoed a UN Security Council resolution to give the Court jurisdiction. Are the ideals of international justice out of touch with the realities of global power politics? How far is the effort to hold war criminals accountable compatible with the difficult compromises necessary to bring violent conflicts to an end? How can European countries best pursue the twin goals of ending atrocities and pursuing justice? These topical questions are explored in a this report, by senior policy fellow Anthony Dworkin. The report argues that European countries must develop better coordinated policies on justice and atrocity prevention. Too often decisions on justice are taken in isolation from wider foreign policy goals. This risks putting courts in a position where they may present an obstacle to peace but it also risks leaving courts isolated as countries fail to support their work in practice. Among the specific recommendations of the report are: States should avoid the use of justice as a tool to affect the dynamics of conflict. The UN Security Council should only refer situations to the ICC in exceptional cases and when it is confident the UN will not later endorse political initiatives which ignore the Court's demands. States should be wary of the idea that referrals always help the credibility of the ICC. States should devote more attention to ensuring peace agreements allow space for later accountability and the future growth of the rule of law, including through excluding suspected war criminals from power. Anthony Dworkin says, 'European countries are right to support the principle of accountability, but they risk harming the cause both of justice and peace if they do not coordinate their policies more effectively. There is no use expecting courts to build the global rule of law if their efforts go beyond what countries are willing to support in their broader foreign policy.'--Publisher's description.
Author: Anthony Dworkin
Publisher:
ISBN: 9781910118153
Category : Atrocities
Languages : en
Pages : 49
Get Book Here
Book Description
"Kenya's President Uhuru Kenyatta has become the first serving head of state to come before the International Criminal Court (ICC) where he faces charges of crimes against humanity. The case in The Hague--which faces possible collapse amid claims the Kenyan government is withholding evidence--could test the limits of international justice. Meanwhile atrocities apparently committed in Syria by the Assad regime and rebel groups including Islamic State seem beyond the reach of the ICC after Russia and China vetoed a UN Security Council resolution to give the Court jurisdiction. Are the ideals of international justice out of touch with the realities of global power politics? How far is the effort to hold war criminals accountable compatible with the difficult compromises necessary to bring violent conflicts to an end? How can European countries best pursue the twin goals of ending atrocities and pursuing justice? These topical questions are explored in a this report, by senior policy fellow Anthony Dworkin. The report argues that European countries must develop better coordinated policies on justice and atrocity prevention. Too often decisions on justice are taken in isolation from wider foreign policy goals. This risks putting courts in a position where they may present an obstacle to peace but it also risks leaving courts isolated as countries fail to support their work in practice. Among the specific recommendations of the report are: States should avoid the use of justice as a tool to affect the dynamics of conflict. The UN Security Council should only refer situations to the ICC in exceptional cases and when it is confident the UN will not later endorse political initiatives which ignore the Court's demands. States should be wary of the idea that referrals always help the credibility of the ICC. States should devote more attention to ensuring peace agreements allow space for later accountability and the future growth of the rule of law, including through excluding suspected war criminals from power. Anthony Dworkin says, 'European countries are right to support the principle of accountability, but they risk harming the cause both of justice and peace if they do not coordinate their policies more effectively. There is no use expecting courts to build the global rule of law if their efforts go beyond what countries are willing to support in their broader foreign policy.'--Publisher's description.
Author: Sarah M. H. Nouwen
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author:
Publisher:
ISBN: 9780896047167
Category :
Languages : en
Pages :
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Author: Randle C. DeFalco
Publisher: Cambridge University Press
ISBN: 1108487416
Category : Law
Languages : en
Pages : 313
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Book Description
This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.
Author: Zainab Iftekhar
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This thesis takes its starting point from the need for a comprehensive approach towards justice following atrocities, and where not only the states in which the crimes were committed have a role to play. The thesis discusses atrocity crime (genocide, crimes against humanity, and war crimes) prosecution, and reparations procedures concerning individuals as two appropriate courses of action, through which non-territorial states may contribute to atrocity prevention and justice for the victims of atrocities. The analysis addresses whether, under international law, non-territorial states are allowed to, required to, or prohibited from facilitating prosecution and reparations procedures and includes an assessment of the extent to which international law relating to reparations fails to correspond to that applicable to prosecution. The implications of the lack of correspondence are analyzed in light of the historical connection and separation of the two courses of action, the procedural and substantive legal overlaps between prosecution and reparations, and the underlying aims and functions of prosecution and reparations. The study covers a wide spectrum of international legal sources, most of them to be found in human rights law, humanitarian law, and international criminal law.
Author: Ramsden, Michael
Publisher: Edward Elgar Publishing
ISBN: 178811938X
Category : Law
Languages : en
Pages : 256
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Book Description
International Justice in the United Nations General Assembly probes the role that the UN’s plenary body has played in developing international criminal law and addressing country-specific impunity gaps. It covers the General Assembly’s norm-making capabilities, its judicial and investigatory functions, and the legal effect of its recommendations. With talk of a ‘new Cold War’ and growing levels of plenary activism in the face of Security Council deadlock, this book will make for timely and essential reading for all in the field of international criminal justice.
Author: Theodor Meron
Publisher: Oxford University Press
ISBN: 0198863438
Category : Law
Languages : en
Pages : 385
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Book Description
Judge Theodor Meron addresses the key questions facing the international criminal justice system, drawing on two decades of experience as an international judge and a distinguished academic career. He provides insights into judicial independence and the principle of fairness in trying cases before international criminal courts and tribunals.
Author: David Chuter
Publisher: Lynne Rienner Publishers
ISBN: 9781588262097
Category : History
Languages : en
Pages : 316
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Book Description
A nuanced discussion of why war crimes occur, what can be done to bring the perpetrators to justice, and the prospects of preventing such atrocities in the future.
Author: Paul Behrens
Publisher: Routledge
ISBN: 1317036964
Category : Law
Languages : en
Pages : 328
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Book Description
This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.
Author: Ibrahim Sharqieh
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 6
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Book Description
In this paper Ibrahim Sharqieh says that regime change in Yemen would have been harder and riskier than a negotiated settlement, but that genuine regime change in Yemen required Saleh's stepping down, the establishment of transitional justice laws, free and fair elections, far-reaching institutional reform, and an inclusive national dialogue process. Sharqieh argues that international pressure on Yemen could have broken the stalemate and tipped the balance toward genuine regime change, which would have eventually promised a more sustainable peace. However, the United States' obsession with an orderly transition for Yemen superseded all other issues at hand, including accountability and justice. Sharqieh says that stability was also the chief goal of the United Kingdom, another major player in Yemeni politics. Sharqieh says that unless certain measures are taken to address the concept of justice in post-settlement Yemen, immunity laws could contribute to a new reality that perpetuates conflict rather than achieving the stability sought by international playersTo support the country's transitional justice, the international community could engage in serious dialogue with the former ruling party, the General People's Congress, to encourage them to implement deep party reform that could in part address the victims need for justice. However, doing so would require the international community to change its policy of half-heartedly helping establish transitional justice in Yemen.